The appeal came on before Lords Justices Lewison, Lindblom and Flaux and the lead judgment was delivered by Lord Justice Lewison. His lordship did not mention in his judgment the precise grounds of appeal but it would appear that AP criticized Judge Hacon for not finding that a region…

Jane LambertCourt of Appeal (Lady Justice Asplin and Lord Justice Kitchin) The National Guild of Removers & Storers Ltd v Bee Moved Ltd and others [2018] EWCA Civ 1302 12 June 2018
This was an appeal from the decision of Mr Recorder Campbell QC in The National Guild of Removers And Storers Ltd v Bee Moved Ltd and others [2016] EWHC 3192 (IPEC) (13 Dec 2016) which was an action for passing off. The appeal was over what constitutes a misrepresentation for the purposes of passing off and whether new evidence should be allowed on appeal.
The claimant company was described by Lady Justice Asplin as "a trade body which represents and provides services to its members in the removal and storage business". Storage and removal companies that pay its fees and abide by its rules can describe themselves as a "member of the NGRS." Those that cease to do so may no longer to hold themselves as members. They must remove all references to the Guild from their websites, adver…

Jane Lambert
Not a lot of progress since my last Brexit Briefing in April. A little bit more of the draft withdrawal agreement has turned from white or amber to green but there has been no progress on the stumbling blocks of the border between Northern Ireland and the Republic or the governance of the withdrawal agreement (or any other agreement between Britain and the EU). Without such agreement there can be no withdrawal agreement and hence no implementation or transition period.

The problem for the government is that maintaining a control free border means accepting at least some of the disciplines of the EU which in turn means abandoning dreams of an independent trade policy. However, if Ed Balls and Peter Sands are right the benefits of having an independent trade policy are pretty illusory (see What Sort of Trade Deal (if any) could the UK negotiate with the USA?8 June 2018).

I am increasingly of the view that there will be no withdrawal agreement by 29 March 2019 and that busin…

Since all patented inventions start out as trade secrets and many other inventions remain that way for various reasons, the implementation of Directive 2016/943 ("the Trade Secrets Directive") is an important day for inventors in the UK and throughout the rest of the EU. More

Overview of the Regulations
The regulations so not purport to transpose the whole directive into English law. The statutory instrument consists of 19 regulations most of which relate to time limits, court procedur…